High Court of Punjab and HaryanaCRM-M/56818/2018disposed of

Smt.Poonam Sharma @ Poonam Kaushik v. Sanjay Pandey And ANR

2019-02-21Mr. Justice Ramendra Jain2 pages

-1CRM-M-56818 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-56818 of 2018 Date of Decision: 21.02.2019 Smt. Poonam Sharma @ Poonam Kaushik ....Petitioner

Versus

Sanjay Pandey and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. S.K. Rana, Advocate, for the petitioner.

Mr. Himanshu Chhabra, Advocate, for respondents No.1 and 2.

RAMENDRA JAIN, J. (ORAL) Memorandum of appearance on behalf of the respondents filed in Court today is taken on record.

Through instant petition under Section 482 Cr.P.C. prayer has been made for quashing impugned order dated 21.07.2017 (Annexure P-4) of the learned Sub Divisional Judicial Magistrate, Kalka, dismissing the complainant of the petitioner under Section 138 of the Negotiable Instruments Act in default. Learned counsel inter alia contends that dismissal of complaint of the applicant by trial Court vide impugned order on account of single default of non-appearance of petitioner or her counsel, is disproportionate and harsh in view of the fact that RAVINDER SINGH 2019.02.26 09:03 I attest to the accuracy and authenticity of this document petitioner was appearing throughout on each and every date prior to

-2CRM-M-56818 of 2018 that date.

After giving anxious thought to the submissions made by learned counsel for the petitoner, this Court is of the considered view that petitioner should not be condemned unheard inasmuch as duty of the Courts is to impart justice to the litigants and not to nonsuit them on technical grounds. In the instant case, only on a single default of the petitioner or her counsel, her complaint was dismissed vide impugned order which is a very harsh step taken by the trial Court.

Considering overall facts and circumstances of the case, the impugned order dated 21.07.2017, is set aside subject to deposit of Rs.5,000/- as costs with the District Legal Services Committee, Panchkula. The trial Court is directed to proceed further with the complaint of the petitioner, in accordance with law, by restoring the same to its original number. Respondents are directed to appear before the trial Court within 15 days from today, failing which their presence shall be procured through non-bailable warrants.

(Ramendra Jain) February 21, 2019 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.02.26 09:03 I attest to the accuracy and authenticity of this document